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HomeMy WebLinkAbout1997-10-20 Community Planning and Development Commission MinutesTOWN OF READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION MINUTES OF OCTOBER 20, 1997 A meeting of the Community Planning and Development Commission of the Town of Reading was held in the Selectmen's Meeting Room of the Town Hall, 16 Lowell Street in Reading, Massachusetts on October 20, 1997. In attendance were Michael Flammia, Chair; Secretary Richard Schubert, and Member Richard Howard. Also present were Town Planner Jonathan Edwards, Town Engineer Joseph Delaney, and Cheryl Blaine from Town Counsel's office. The meeting was called to order at 7:35PM. ANR PLAN The Commission voted 3:0 to approve a motion by Mr. Howard, seconded by Mr. Schubert, to endorse a Plan of Land for Map Family Trust at 38 Cross Street, dated October 5, 1997. MINUTES The minutes of the meeting of October 6, 1997 were accepted as amended. RE-OPENED PUBLIC HEARING - Definitive Subdivision Plans: Cory Lane Estates Mr. Flammia called the Public Hearing to order and explained the background, including litigation and proposed settlement. CPDC discussed the prospective approval conditions with staff and with Jim Senior, attorney for the applicant, and Paul Finocchio, engineer for the applicant. The Commission voted 3:0 to approve a motion by Mr. Howard, seconded by Mr. Schubert, to close this re-opened public hearing. The Commission voted 3:0 to approve a motion by Mr. Howard, seconded by Mr. Schubert, to approve Definitive Subdivision Plans according to the Notification to Town Clerk filed on October 21, 1997. The Commission voted 3:0 to approve a motion by Mr. Flammia, seconded by Mr. Howard, to authorize Town Counsel to enter into an agreement for judgment or stipulation of dismissal in the outstanding litigation consistent with CPDC's approval of this Definitive Subdivision Plan. CONTINUED PUBLIC HEARING - Definitive Subdivision Plans - Marion Road Mr. Flammia called the Public Hearing to order, The Commission voted 3:0 to approve a motion by Mr. Howard, seconded by Mr. Schubert, to continue the Public Hearing to 8:OOPM on December 8, 1997. PUBLIC MEETING: ANR Plan on Second Street Mr. Edwards explained the legal basis for determining whether or not to endorse this plan. Mr. Delaney explained how road improvement plans were reviewed and stated that he found these plans to provide acceptable access and service. Mr. Michael Larkin presented plans. Mr. Mark Favaloro, attorney for two abutters, opposes the plan because the abutters own the land to the centerline of the paper street and proponent has no right to make improvements to the land owned by others, per MGL, Chapter 187, Section 5 Many abutters expressed concerns about overdevelopment of the area, safety of neighbors, drainage, and deed restrictions. C.. _ Jeff Curtis, attorney for the applicant, stated that under MGL, Chapter 187, Section 5, abutters own paper streets up to their centerlines but that Case Law shows that the abutters have rights of access along the paper streets and have the right to make improvements. Member Jonathan Barnes joined the quorum. The Commission voted 3:0:1 (Mr. Barnes abstaining) to approve a motion by Mr. Howard, seconded by Mr. Schubert, to continue to 8:30PM on December 8, 1997. SITE PLAN WAIVER REQUEST - Bagel World, 323 Main Street Mr. Dan Dandreo presented plans and discussed the proposed business, a bagel bakery and store with a drive-up window. Member Michael Flammia left the quorum. The Commission voted 3:0 to approve a motion by Mr. Howard, seconded by Mr. Schubert, to waive the requirements of the Site Plan Review in accordance with Section 4.3.3.1. Lb of the Zoning By-Laws according to conditions specified in a Notification to Town Clerk dated October 21, 1997. ADJOURNMENT At 10:40PM a motion was made and seconded to adjourn and the Commission voted unanimously to do so. Respectfully Submitted: Signed: V. Ak Richard Schubert, Secretary Approved: November 3, 1997 Date: rD&& 6W d lga*7